[HISTORY: Adopted by the Borough Council of the Borough of
Waynesboro as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-4-2012 by Ord.
No. 1118]
This article shall be known as the "Property Maintenance Ordinance
of the Borough of Waynesboro, Franklin County, Pennsylvania."
A certain document, three copies of which are on file in the
office of the Secretary of the Borough of Waynesboro, Franklin County,
Pennsylvania, being marked and designated as International Property
Maintenance Code 2012, as amended hereafter from time to time and
published by the International Code Council, be and is hereby adopted
by the Borough of Waynesboro, Franklin County, Pennsylvania for the
regulation of buildings and structures. All of the provisions, penalties,
conditions and terms of the International Property Maintenance Code
2012, as amended hereafter from time to time and published by the
International Code Council, are hereby referred to, adopted and made
a part hereof as if fully set out in this article with the additions,
insertions, deletions, and changes, prescribed in this article.
The following sections of the International Property Maintenance
Code 2012 are hereby revised, removed, replaced, and/or modified as
follows:
A.Â
101.1 Title. These regulations shall be known as the
"Property Maintenance Ordinance of the Borough of Waynesboro," hereinafter
referred to as "this article."
B.Â
103.5. Fees. The fees for services, inspections, and
activities performed by the department in carrying out its responsibilities
under this article shall be as set forth in the Fee Schedule of the
Borough of Waynesboro, adopted by resolution and amended from time
to time.
C.Â
106.3 Prosecution of violation. Any person failing to
comply with a notice of violation or order serviced in accordance
with Section 107 shall be deemed guilty of a summary offense. If the
notice of violation is not complied with, the Code Official may institute
the appropriate proceedings at law or in equity to restrain, correct,
or abate such violation, or to require the removal or termination
of the unlawful occupancy of the structure in violation of the provisions
of this article or of the order or direction made pursuant thereto.
Any corrective action taken by the authority having jurisdiction over
such premises may be charged against the real estate upon which the
structure is located and shall be a lien upon such real estate.
D.Â
106.4 Violation penalties. Any person, firm, or corporation
who shall violate any provision of this article shall, upon conviction
thereof, be subject to a fine of not more than $1,000 or imprisonment
for term not to exceed 30 days, or both at the discretion of the court.
Each day that a violation continues shall be deemed a separate offense.
E.Â
106.6 Administrative search warrants. The Code Official
may seek an administrative search warrant to ensure that any property
regulated by this Code is in compliance with this Code.
G.Â
106.8. Authority to issue ticket for violation. The
Code Official or his designee(s) are hereby duly authorized to issue
a ticket in a form established by the Borough to any owner violating
the provisions of this article. The ticket shall identify the address
of the property where the violation exists, as well as the nature
of the violation. The ticket may either be handed to an owner or occupant
of the property or may be affixed to a door on the property where
the violation exists fronting a right-of-way or conspicuously posted
on the property. The ticket shall instruct the violator that if the
violator reports to the Borough Office and pays to the Borough the
sum of $100 within 10 days of the date of issuance of the ticket,
then such payment shall save such violator from prosecution by a citation,
which prosecution may result in court costs and attorney fees being
assessed against the violator in addition to the fine. In any event,
if a ticket is not paid in full within 10 days of issuance, the Code
Official or his designee(s) shall issue a citation to the violator.
Notwithstanding the foregoing, the Code Official or his designee(s)
shall have the sole and absolute discretion to issue a citation without
first issuing a ticket as provided for herein.
[Added 6-18-2014 by Ord.
No. 1132]
H.Â
111.3 Notice of meeting. The Board shall meet at its
regularly scheduled meeting, notice of which shall be published in
accordance with the requirements for publishing public notice of local
agency meetings. The Board may also hold special meetings, which meetings
shall be held in accordance with the Sunshine Act.[2]
[2]
Editor's Note: See 65 Pa.C.S.A. § 701
et seq.
J.Â
111.7 Court review. Any person aggrieved by an adjudication
of the Board of Appeals who has a direct interest in such adjudication
shall have the right to appeal therefrom to the court vested with
jurisdiction of such appeals by or pursuant to Pennsylvania law.
K.Â
304.14 Insect screens. During the period from May 1
to August 31, every door, window and other outside opening required
for ventilation of habitable rooms, food preparation areas, food service
areas or any areas where products to be included or utilized in food
for human consumption are processed, manufactured, packaged, or stored,
shall be supplied with approved tightly fitting screens of not less
than 16 mesh per inch (16 mesh per 25 mm) and every swinging door
shall have a self-closing device in good working condition.
L.Â
602.3 Heat supply. Every owner and operator of any building
who rents, leases or lets one or more dwelling units, rooming unit,
dormitory or guest room or terms, either expressed or implied, to
furnish heat to the occupants thereof shall supply heat of not less
than 68° F. during the period from September 1 to May 30.
M.Â
602.4 Occupiable work spaces. Indoor occupiable work
spaces shall be supplied with the heat during the period from September
1 to May 30 to maintain a temperature of not less than 65° F.
during the period the spaces are occupied.
[Adopted 9-7-2016 by Ord.
No. 1149]
It is unlawful for any person, firm, trust, association or corporation
owning or occupying any property within the Borough of Waynesboro
to permit any weeds, grass or plants other than trees, bushes, flowers,
or other ornamental plants, or crops or vegetable plants grown for
consumption to grow to a height exceeding 10 inches upon such property
in the Borough of Waynesboro, except as expressly exempted herein.
Any such plants or weeds exceeding such height are hereby declared
to be a nuisance and detrimental to health, safety and general welfare
of the community.
A.Â
Agricultural exemption. Any property of five acres or greater used
primarily for the cultivation of crops or the grazing or containment
of livestock shall be exempt from this section; however, in the event
that the property contains a dwelling unit that is located partially
or wholly within 250 feet of the edge of a public cartway, the area
between the cartway and the dwelling unit shall comply with this section.
B.Â
Large vacant lot exception. Any property of five acres or greater
that does not house a current structure but is unimproved shall partially
be exempted from this section; the property owner shall maintain a
buffer 25 feet along the front, side, and rear yards of the property.
However, no less than once annually, the grass, weeds, and other vegetation
shall be cut to a height of 10 inches or less.
C.Â
Wooded lot. A wooded lot shall mean a lot on which exists a continuous
or near continuous forest canopy of mature trees.
It shall be unlawful for any person, firm, trust, association
or corporation owning or occupying any property within the Borough
of Waynesboro to permit any weeds listed on the noxious weed control
list set forth in Title 7, Chapter 110.1 of the Pennsylvania Code,
as amended from time to time, to grow or remain upon such property.
Any such noxious weeds are hereby declared to be a nuisance.
In the event of a violation of the provisions of §§ 201-4 or 201-5, the Code Enforcement Officer or other designated Borough official may serve a notice either by personal service or by United States mail to the owner or occupant of any premises on which plants or weeds are permitted to grow in violation of the provisions of this article and to demand the abatement of the nuisance and compliance with the provisions of this article within five days from the service of the notice.
A.Â
Any person, firm, trust, association or corporation ("violator")
who shall violate any of the provisions of this article or who shall
knowingly or willfully fail to comply therewith, shall upon conviction
thereof before any Magisterial District Judge having jurisdiction, be sentenced
to pay a fine of no less than $150 and not more than $250, together
with costs of prosecution and attorneys' fees. In the event of
default of payment of such fine and costs, the violator may be imprisoned
for not more than five days.
B.Â
Notwithstanding Subsection A above, the Code Official or his designee(s) are hereby duly authorized to issue a ticket in a form established by the Borough to any person, firm, or corporation ("violator") violating the provision of this article. The ticket shall identify the address of the property where the violation exists, as well as the nature of the violation. The ticket may either be handed to or mailed certified to the owner or handed to an occupant of the property or may be affixed to a door on the property where the violation exists fronting the right-of-way or conspicuously posted on the property. The ticket shall instruct the violator that if the violator reports to the Borough office and pays to the Borough the sum of $100 within 10 days of the date of issuance of the ticket, then such payment shall save such violator from prosecution by a citation, which prosecution may result in the costs of prosecution and attorneys' fees being assessed against the violator in addition to the fine. In any event, if a ticket is not paid in full within 10 days of issuance, the Code Official or his designee(s) shall issue a citation to the violator. Notwithstanding the foregoing, the Code Official or his designee(s) shall have the sole and absolute discretion to issue a citation in accordance with Subsection A without first issuing a ticket as provided for herein.
C.Â
Each day during which a violation continues shall be deemed a separate
offense.
The provisions of this article are declared to be severable,
and if any section, subsection, sentence, clause or part thereof is,
for any reason, held to be invalid or to be unconstitutional by a
court of competent jurisdiction, such decision shall not affect the
validity of any remaining sections, subsections, sentences, clauses
or part of this article.
